H.E. Ambassador Xolelwa Mlumbi-Peter (South Africa)

Afghanistan

14 DULY MOTIVATED REQUEST BY LDCS TO EXTEND THE TRANSITION PERIOD UNDER ARTICLE 66.1 OF THE TRIPS AGREEMENT FOR LEAST DEVELOPED COUNTRY MEMBERS

788.   At the outset, I would like to thank Chad and Bangladesh for delivering the statement on behalf of the LDC Group. 789.   We are all aware of the special needs and requirements, the economic, financial, and administrative constraints of LDCs, and their need for flexibility to create a sound and viable technological base. LDCs have not been able to develop their productive capacities, and their technological development level has remained low. 790.   The current unprecedented global public health crisis exacerbated the LDCs' challenges given their vulnerability and lower level of development, low public health care capacities, and their capacity to properly navigate their countries' fight against the pandemic and recover from it. 791.   As an LDC, Afghanistan is facing considerable challenges in achieving economic growth and its sustainable development goals. We have the capacity and technological constraints which challenge the implementation of our TRIPS commitments. 792.   As we are the latest Member of the WTO, we need the extension in order to acquire the capacity and technical expertise, and we, therefore, support the statement and communication made by the delegation of Chad on behalf of the LDC Group. 793.   In conclusion, we urge all Members to consider the challenges and constraints of LDC Members and agree with their proposal.

The Council took note of the statements made and agreed to revert to the matter at its next meeting.

78. The Chair said that the agenda item had been requested by Chad, on behalf of the LDC Group; and a communication had been circulated. She recalled that the transition period for LDC Members had been extended twice: Most recently, by the TRIPS Council Decision of 11 June 2013. Regarding extensions of the transition period, the second sentence of Article 66.1 of the TRIPS Agreement provided that "The Council for TRIPS shall, upon duly motivated request by a least developed country Member, accord extensions of this period." She invited the LDC Group to introduce the request.
79. The representative of Chad, on behalf of the LDC Group took the floor.
80. The Chair invited Members to take the floor.
81. The representatives of Bangladesh; Bangladesh, on behalf of the LDC Group, Nepal; Mali; Cambodia; Angola; Afghanistan; Senegal; Jamaica, on behalf of the ACP Group; China; South Africa; Argentina; Egypt; Tanzania, on behalf of the African Group; Indonesia; Turkey; the United States of America; the European Union; Oman; India; Japan; Nigeria; the United Kingdom; Switzerland; and the World Health Organization (WHO) took the floor.
82. The Chair proposed that the LDC Group consult with the Members, that had intervened at the present meeting, to bridge the differences. She would also be available to consult with Members. Considering the time-sensitivity due to the upcoming deadline in 2021, she proposed to revert to the request at the next meeting.
83. The Council took note of the statements made and agreed to revert to the matter at its next meeting.

IP/C/M/96, IP/C/M/96/Add.1